City of Pasadena Hills, MO
St. Louis County
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Table of Contents
Table of Contents
[R.O. 2009 §510.010; Ord. No. 182 §§100.0 — 101.0, 4-14-1975]
A. 
The general purpose of this Chapter is to protect the public health, safety and the general welfare of the people of the City of Pasadena Hills. These general objectives include, among others, the following specific purposes:
1. 
To protect the character and stability of residential property within the City.
2. 
To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of buildings.
3. 
To provide facilities for light and ventilation necessary to health and safety.
4. 
To prevent additions or alterations to existing dwellings that would be injurious to the life, health, safety or general welfare of the occupants of such dwellings or neighboring properties.
5. 
To prevent the overcrowding of dwellings by providing minimum space standards per occupant of each dwelling unit.
6. 
To provide minimum standards for the maintenance of existing residential buildings and to thus prohibit the spread of slums and blight.
7. 
To thus preserve the property value of land and buildings throughout the City.
8. 
To provide mechanisms for the enforcement and administration of the code to ensure that the above purposes are accomplished.
[R.O. 2009 §510.020; Ord. No. 182 §110.0, 4-14-1975; Ord. No. 216 §1, 12-12-1977; Ord. No. 324 §2, 8-13-1985; Ord. No. 331 §1, 4-12-1986; Ord. No. 333 §1, 1986; Ord. No. 416 §1, 11-11-1991; Ord. No. 478 §2, 2-13-1996]
For the purpose of this Chapter, the following words and phrases shall have the meanings assigned to them:
ACCESSORY STRUCTURE
A structure subordinate to the main or principal structure.
BASEMENT
That portion of a building which is partly underground, but having at least fifty percent (50%) of its ceiling height above the average grade of the adjoining ground.
BATHROOM
A room affording privacy containing bathing and sanitary facilities provided within each living unit consisting of a water closet, a tub or shower, and a lavatory basin.
BUILDING CODE
The Building Code of the City of Pasadena Hills with all amendments, revisions and supplements thereto.
CELLAR
That portion of a building which is partly underground, but having less than fifty percent (50%) of its ceiling height above the average grade of the adjoining ground.
CHANGE OF OCCUPANCY
Any circumstances wherein the composition of the residents of a dwelling unit changes either through the sale, lease, rental or other provisions for the occupancy of any dwelling unit or by the addition of one (1) or more persons to the number of residents of a dwelling unit, except by birth or legal custody of minors.
CONDITIONAL OCCUPANCY PERMIT
A document which states the names, ages, relationships and number of occupants of a dwelling unit which does not comply with all of the provisions of this Chapter. It is issued only under specified circumstances listed in Section 405.160 (Occupancy Permit Required) for a limited, specified length of time and may be renewed one (1) time (the renewal not to exceed ninety (90) days) at the discretion of the Enforcement Official.
DETERIORATION
The condition or appearance of a building or part thereof characterized by evidence of physical decay or neglect, excessive use or lack of maintenance.
DWELLING
A structure or portion of a structure designed for or used for human habitation.
DWELLING UNIT
One (1) or more rooms or any part thereof in a building usable for occupancy by one (1) family for living purposes and having its own permanently installed cooking and sanitary facilities.
ENFORCEMENT OFFICIAL
The official designated herein or otherwise charged with the responsibilities of administering this Chapter or his/her authorized representatives.
EXTERIOR APPURTENANCES
Objects which are added to a structure for aesthetic or functional purposes. These include, but are not limited to, screens, awnings, trellises, television antennae, storm windows, storm doors, gutters, downspouts, shutters and decorative trim.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the Health Commissioner of the City.
FAMILY
One (1) or more persons occupying a dwelling and living as a single non-profit housekeeping unit, all but one (1) of whom shall be related to each other by birth, adoption or marriage.
FENCE
An independent structure forming a barrier at grade between lots, between a lot and a street or an alley, or between portions of a lot or lots. A barrier includes a wall or latticework screen but excludes a hedge or natural growth or a barrier less than eighteen (18) inches in height which is used to protect plant growth.
FLOOR SPACE
The floor area of a room which has a ceiling height of not less than seven (7) feet four (4) inches.
FRONT YARD
A yard extending across the front lot between the inner side yard lines and measured between:
1. 
The front line of the lot and the front lines of the buildings; and
2. 
The front line of the lot and the nearest line of any porch or paved terrace.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
GARDEN LEVEL
That portion of a building which is partly underground, but having at least sixty percent (60%) of its ceiling height above the average grade of the adjoining ground.
HABITABLE BUILDING
Any structure or part thereof used as a home or place of abode by one (1) or more persons, or which is built for or intended to be used for human occupancy, whether occupied or vacant.
HABITABLE ROOM
Every room in any building in which persons sleep, eat or carry on their usual domestic or social vocations or avocations. It shall not include private laundries, bathrooms, toilet rooms, pantries, storerooms, closets, halls, corridors, rooms for mechanical equipment for service in the building or other similar spaces not used by persons frequently or during extended periods. No room shall be considered a habitable room which contains less than seventy (70) square feet of floor space, nor shall the least horizontal dimension of such room be less than seven (7) feet.
HARBORAGE PLACES — INSECTS, PESTS OR RODENTS
Any place where insects, pests or rodents can live, nest or seek shelter.
INFESTATION
The presence of, within or contiguous to a structure or premises, insects, rodents, vermin or other pests.
KITCHEN
A space which contains a sink and adequate space for installing cooking and refrigeration equipment and for the storage of cooking utensils.
LEASE
Any transfer of the right of control of any premises including the right to collect rents, whether single-family or multiple dwellings.
LOT
Land occupied or to be occupied by any building and accessory structure, if any, together with such open spaces as are required under this Chapter.
MULTIPLE-FAMILY DWELLING
A building or portion thereof designed for occupancy by two (2) or more families living independently of each other in separate dwelling units.
OCCUPANCY PERMIT
A document which states the names, ages, relationships, and number of occupants of a dwelling unit, and that the occupancy complies with all of the provisions of this Chapter. It is issued under the circumstances listed in Section 405.160 (Occupancy Permit Required).
OCCUPANT
Any person living and sleeping in a dwelling unit or having actual possession of said dwelling unit.
OPEN STORAGE
The keeping of any goods, materials, equipment or rubbish in any yard or in any open lot for any purpose whatsoever; provided, this shall not include the parking of any operable motor vehicle on paved portions of a yard or the keeping of any electrical, heating or cooling equipment which is operable and in use for the purpose of supplying said utilities to the dwelling situated on the premises, all-weather lawn furniture or outdoor cooking equipment.
OPENABLE AREA
That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a building or part thereof which is let or offered for occupancy.
OWNER
Any person who alone, jointly or severally with others shall be in actual possession, have charge, care or control of any premises within the City of Pasadena Hills as an owner of record as evidenced at the St. Louis County Recorder of Deeds, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and such person shall be bound to comply with the provisions of this Chapter to the same extent as the owner.
PERSON
A corporation, firm, partnership, association, organization and any other group acting as a unit as well as any individual. It shall also include an executor, administrator, trustee, receiver, or other representative appointed according to law. Wherever the word "person" is used in any Section of this Chapter prescribing a penalty or fine, as to partnerships or associations, the word shall include the officer, agents or members thereof who are responsible for any violation of such Section.
PLUMBING
Facilities and equipment including, but not limited to, the following: Gas pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures, together with all connections to the water, sewer, vent or gas lines.
PREMISES
A lot, plot or parcel of land or any part thereof including the buildings or structures thereon.
PROVIDED
Any material or services furnished, supplied, paid for or under the control of the owner.
PUBLIC HALL
A hall, corridor or passageway for egress from a dwelling not within the exclusive control of one (1) family or dwelling unit.
REAR YARD
A yard extending across the full width of the lot and measured between the rear line of the lot and the rear of the building.
REPAIR
To restore to a sound and acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items.
REPLACE
To remove an existing item or portion of a system and to construct or install a new item of similar or improved quality as the existing item when new. Replacement will ordinarily take place when the item is beyond repair.
RUBBISH
Non-putrescible solid wastes consisting of both combustible and non-combustible wastes.
SALE
Any transfer of ownership of any premises including multiple dwellings.
SANITARY FACILITIES
Includes kitchen sink with suitable top and drain and hot and cold water taps, bathroom fixtures and other facilities used for sanitation.
SATELLITE DISH
Any structure, equipment, including the dish, supporting members and base, which is wholly or partly designed for or used for the purpose of receiving microwave communication signals.
SIDE YARD
A yard between the building and the side line of the lot and extending from the street line to the rear yard.
SLEEPING AREA
A bedroom or room intended for sleeping, or a combination of bedrooms or rooms intended for sleeping within a dwelling unit, which are located on the same floor and are not separated by another habitable room, such as a living room, dining room or kitchen, but excluding bathroom, hallway or closet. A dwelling unit may have more than one (1) sleeping area.
SMOKE DETECTOR
A device which detects visible or invisible particles of combustion and shall be either the ionization chamber or the photoelectric type.
STRUCTURE
Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding or retaining wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed as a "structure".
SUBSTANDARD
All structures which do not conform to the minimum standards established by this Chapter or any other ordinances.
SUPPLIED
Paid for, installed, furnished or provided by or under the control of the owner or operator.
UNSAFE
As applied to a building, is a condition or combination of conditions liable to be a danger or hazard to the life, safety or health of persons occupying it or frequenting it or to the public and in danger of settlement, movement, disintegration or collapse, whether such danger arises from the method or materials of its construction or from equipment installed therein for the purposes of lighting, heating, the transmission or utilization of electric current, or from the obsolescence or deterioration or from its location or otherwise.
UNSANITARY
As applied to a building means liable to be a danger or hazard to the health of persons occupying or frequenting it, or to the public, if such danger arises from the method or materials of its construction, or from equipment installed therein, for the purposes of lighting, heating, ventilation or plumbing or from existing conditions liable to cause rat infestation, vermin infestation, accumulations of trash or debris in the building, yards or accessory structures on the premises.
UNUSABLE
Any dwelling or part thereof or any fixture or facility required therein not in such physical condition as to safely perform the service or services for which it is designed or intended.
VENTILATION
The process of supplying and removing air by natural or mechanical means to or from any space. Ventilation by power-driven devices shall be deemed "mechanical ventilation". Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driving devices shall be deemed "natural ventilation".
YARD
An open space at grade on the same lot as a building or structure located between the main building and the adjoining lot line and/or street line. The measurement of a yard shall be the minimum horizontal distance between the lot line and the building or structure. For the purpose of this definition, a fence shall not be considered a structure.
[R.O. 2009 §510.030; Ord. No. 182 §120.0, 4-14-1975]
All premises used in whole or in part as a dwelling or as an accessory structure thereof shall conform to the requirements of this Chapter.
[R.O. 2009 §510.040; Ord. No. 182 §130.0, 4-14-1975]
This Chapter establishes minimum standards for dwellings, dwelling units and accessory buildings and does not replace or modify standards otherwise established for the construction, replacement or repair of buildings except such as are in conflict with the provisions of this Chapter. In any case where a provision of this Chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of this City existing on the effective date of this Chapter (April 14, 1975), the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail.
[R.O. 2009 §510.050; Ord. No. 182 §§200.0 — 220.0, 4-14-1975; Ord. No. 307A §1, 10-10-1983; Ord. No. 607 §1, 11-14-2000]
A. 
Applicability. It shall be unlawful for any person to occupy as owner-occupant or to let or hold out to another for occupancy any dwelling unit for the purposes of living, sleeping, cooking or eating which is not safe, clean and fit for human occupancy, and which does not comply with the particular requirements of the following Subsections of this Section. It shall likewise be unlawful for any person to sell, purchase, lease, rent or occupy any multiple dwelling or dwelling, unless and until the multiple dwelling or dwelling shall have been inspected as herein provided for occupancy permits, and further unless and until the multiple dwelling or dwelling shall have passed such inspection and defects noted by inspection are corrected according to specifications set out by the inspector.
B. 
Foundation, Exterior Walls And Roofs. The foundation, exterior walls and roof shall be substantially water-tight, weather-tight, protected against rodents and shall be kept in sound condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be maintained in a sound condition of repair and shall be free of any other condition which admits rain or dampness to the interior portions of the building. All exterior surface material must be treated, painted in a workmanlike manner or otherwise maintained in a sound condition. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls. All cornices, restications, quoins, moldings, belt courses, lintels, sills, oriel windows, pediments, gutters and similar projections shall be kept in good repair and free from defect which make them hazardous and dangerous.
C. 
Floors, Interior Walls And Ceilings. Every floor, interior wall and ceiling shall be adequately protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotting floor boards. Every interior wall and ceiling shall be free of large cracks and holes and shall be free of loose plaster or other structural or surface materials. Every toilet room and bathroom floor surface shall be substantially impervious to water and be capable of being maintained easily in a clean and sanitary condition. Toxic paint and materials shall not be used where readily accessible to children.
D. 
Windows, Doors And Hatchways. Every window, exterior door and basement hatchway shall be substantially tight and shall be kept in sound condition and repair. Every window shall be fully supplied with window panes which are without cracks or holes. Every window sash shall be in good condition and fit reasonably tight within its frame. Every exterior door, door hinge and door latch shall be in good condition. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware. Every exterior door, when closed, shall fit reasonably well within its frame. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain and substantially to exclude wind from entering the dwelling. Every basement hatchway and window shall be so constructed, screened or maintained as to prevent the entrance of rodents, rain and surface drainage water into the building.
E. 
Exterior Appurtenances. Exterior appurtenances including, but limited to, screens, awnings, trellises, television antennae, satellite dishes, storm windows, storm doors, gutters, downspouts and shutters shall be installed in a safe and secure manner and shall be maintained in sound condition.
F. 
Stairways And Porches. Every stairway, inside or outside of the dwelling, and every porch shall be kept in safe condition and sound repair. Every flight of stairs and every porch floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than four (4) risers high shall have a rail not less than two and one-half (2½) feet high, measured vertically from the nose of the tread to the top of the rail; and every porch which is more than four (4) risers high shall have a rail not less than two and one-half (2½) feet above the floor of the porch. Every rail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled more than one (1) inch out of its intended position or have pulled away from supporting or adjacent structures. No flight of stairs shall have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs shall be uniform in width and height. Every stair tread shall be strong enough to bear a concentrated load of at least four hundred (400) pounds. Every porch shall have a sound floor. No porch shall have rotting, loose or deteriorating supports.
G. 
Basements, Garden Levels And Cellars. Every basement, garden level or cellar shall be maintained in a safe and sanitary condition. Water shall not be permitted to accumulate or stand on the floor. All sewer connections shall be properly trapped. All floor and slab drains shall be covered with grating. Junk, rubbish and waste shall not be permitted to accumulate to such an extent as to create fire hazard or to endanger health or safety.
H. 
Facilities, Equipment And Chimneys. Every supplied facility, fixture, system, piece of equipment or utility and every chimney or chimney flue shall be maintained in a safe, sound and sanitary working condition consistent with the requirements of this Chapter.
I. 
Driveways. Driveways shall be maintained in good repair and free of safety hazards.
J. 
Yards. All areas which are not covered by lawn or vegetation shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes or vegetation which overhang a public thoroughfare shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians. Hazardous dead trees and shrubs shall be promptly removed to the ground surface.
K. 
Infestation. Each dwelling and all exterior appurtenances on the premises shall be adequately protected against insects, rats, mice, termites and other vermin infestation. Building defects which permit the entrances of insects, rats, mice, termites and other vermin shall be corrected by the owner. Tenants shall be responsible for the elimination of rodents and vermin from that part of the premises under their exclusive control except when more than one (1) unit is infested at the same time and in this instance the owner shall be responsible for elimination of the infestation.
[R.O. 2009 §510.060; Ord. No. 333 §2, 1986]
A. 
The owner of each dwelling unit which is constructed, changes ownership, changes tenants or is rehabilitated after the passage of this Section shall install smoke detectors prior to the occupancy or change in occupancy of said dwelling unit. If smoke detectors already exist in said dwelling units, the smoke detectors must comply with the provisions of this Section.
B. 
The owner, upon the occurrence of one (1) or more of the events set forth in Subsection (A), shall install at least one (1) smoke detector to protect each sleeping area. In an efficiency apartment dwelling, the owner shall install the smoke detector in the room used for sleeping. In a multiple family dwelling, the owner shall install at least one (1) smoke detector in each individual apartment or unit. In all other dwellings, the owner shall install the smoke detectors outside the sleeping areas and on the ceilings in the immediate vicinity of the sleeping area. An owner subject to this Section shall install each smoke detector on the ceiling at a minimum of four (4) inches from the side wall to the near edge of the detector and within fifteen (15) feet of all rooms used for sleeping purposes. A smoke detector shall be installed on every floor level, including the basement. Therefore, a two-story residence with a basement shall have a minimum of three (3) smoke detectors. The smoke detector in the basement shall be as close as possible to the stairwell. If a dwelling undergoes alterations, repairs or additions which require a permit, or if one (1) or more sleeping rooms are added or created in an existing dwelling, the entire dwelling or building shall be provided with smoke detectors as required for a new dwelling under this Section. Where more than one (1) sleeping area is located on a floor level, a smoke detector for each sleeping area shall be installed pursuant to this paragraph. For good cause shown, the Building Commissioner has the authority to modify the location requirements of this Section. In dwellings where location of smoke detectors cannot be readily determined, the Normandy Fire Protection District may be contacted for assistance in placement of detectors.
C. 
The owner shall install a smoke detector which is capable of sensing visible or invisible particles of combustion and emitting an audible signal and may be wired directly to the building power supply or may be powered by self-monitored battery. The smoke detector shall comply with all the specifications of the Underwriters Laboratories, Inc. Standard UL217 (Standard for Safety-Single and Multiple Station Smoke Detectors) 2nd Edition, October 4, 1978 as revised May 19, 1983 or any recognized standard testing laboratory that certifies the detector meets the requirement of National Fire Protection Association (NFPA) Standards 72E and 74. Smoke detectors shall bear the label of a nationally recognized standards testing laboratory that indicates that the smoke detectors have been tested and listed under the requirement of UL217 2nd Edition or NFPA 72E and 74.
D. 
It shall be the responsibility of the owner to supply and install all required detectors. The owner shall be responsible for testing and maintaining detectors in common stairwells. It shall be the responsibility of the occupant to provide and maintain function batteries for each detector, to test and maintain detectors within dwelling units, and to notify the owner or authorized agent in writing of any deficiencies. The owner shall be responsible for providing each occupant with written information regarding detector testing and maintenance.
E. 
It shall be unlawful for any person to remove batteries or in any way make smoke detectors inoperable.
[R.O. 2009 §510.070; Ord. No. 182 §§230.0 — 234.0, 4-14-1975]
A. 
Space Requirements. Every dwelling unit shall contain a minimum gross floor area of not less than one hundred fifty (150) square feet for the first (1st) occupant and one hundred (100) square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms. The total certified number of persons shall be the lesser number of persons as determined by this Section or the sleeping space available as determined by Subsection (B).
B. 
Required Space In Sleeping Rooms. In every dwelling unit, every room occupied for sleeping purposes by one (1) occupant shall have a minimum gross floor area of at least seventy (70) square feet. Every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant thereof. However, no bedroom occupancy may exceed three (3) persons. In any dwelling occupied by four (4) or more occupants no part of the living room, kitchen or eating space may be counted as part of the required space for sleeping purposes. Every room used as a bedroom shall have access to at least one (1) water closet without passing through another room used as a bedroom.
C. 
Ceiling Height. Habitable rooms shall have a clear ceiling height over the minimum area required of at least seven (7) feet four (4) inches. Attics or top half stories calculated as habitable rooms shall have a clear ceiling height of at least seven (7) feet four (4) inches over at least one-third (⅓) of the floor area. Only those portions of the floor area of such rooms having a clear ceiling height of five (5) feet or more may be included.
D. 
Basement Rooms. Basement rooms and below ground level areas that do not comply with Section 510.080 (Basement and Garden Level Rooms) shall not be considered in computing the minimum habitable floor area required.
[R.O. 2009 §510.080; Ord. No. 182 §240.0, 4-14-1975]
A. 
It shall be unlawful for any person to use or permit any room in any basement or garden level to be used to satisfy the habitable room requirements of Section 510.070 (Space Requirements at Change of Occupancy) unless such room meets all the applicable requirements of this Chapter particularly with regard to ceiling height, ventilation, window area and meets the following additional requirements:
1. 
The lowest point of the ceiling shall be at least three (3) feet six (6) inches above the surface of the ground immediately adjoining the room.
2. 
The required minimum window area is entirely above ground level.
3. 
No floor area three (3) feet below grade shall be used in determining habitable living space.
4. 
Two (2) means of exit are provided, at least one (1) of which leads directly to the outside of the building.
5. 
The floors and walls shall be constructed in a manner to prevent the entry of moisture and insulated to prevent the condensation of moisture within the room.
[R.O. 2009 §510.090; Ord. No. 182 §§250.0 — 252.2, 4-14-1975]
A. 
Public Halls. All habitable rooms, passageways and stairways shall be provided with electrical fixtures so that they can be adequately lighted at night. A minimum of five (5) foot-candles of daylight or artificial illumination shall be required at all times in all public halls.
B. 
Natural Lighting. All habitable rooms, except as otherwise provided in this Chapter, shall be provided with a means of transmitting natural light from outside complying with the following requirements:
1. 
Window area. Every habitable room shall have at least one (1) window or skylight of approved size facing directly to the outdoors except in kitchens where artificial light may be provided in accordance with the provisions of the Building code. The minimum total window area, measured between stops, for every habitable room shall be at least five percent (5%) of the floor area of such room and not less than five (5) square feet. Whenever walls or other portions of a structure face a window of any room and such obstructions are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area for the room.
2. 
Windows leading to porches. Whenever the natural light area opening from a habitable room is to an enclosed porch, such area shall not be counted as a required light area unless the enclosed porch has a natural light area of at least thirty percent (30%) of the floor area of the room in question.
[R.O. 2009 §510.100; Ord. No. 182 §§260.0 — 263.0, 4-14-1975]
A. 
Generally. It shall be unlawful to occupy or permit another to occupy any dwelling unit for the purpose of living therein, which is not adequately and safely provided with an electrical system in compliance with the requirements of this Section.
B. 
Minimum Requirements. The following shall be considered as absolute minimum requirements: Conditions such as size of the dwelling unit and usage of appliances and equipment within the unit shall be used as the basis for requiring additional electrical works.
C. 
Deficiencies. Wherever it is found, in the judgment of the Enforcement Official, that the electrical system in the building constitutes a hazard to the occupant or the building by reason of inadequate service, improper fusing, improper or inadequate grounding of the system, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the defects shall be corrected to eliminate the hazard. The Enforcement Official shall base his/her findings of hazard on accepted engineering practice standards as listed in the latest edition of the National Electrical code.
D. 
Number Of Electrical Outlets. Every habitable room shall contain not less than two (2) separate and remote wall or approved floor convenience outlets, one (1) of which may be a ceiling or wall-type electrical light fixture. Every kitchen shall be provided with at least three (3) separate and remote wall-type electric convenience outlets, one (1) of which may be a ceiling or wall-type electric light fixture.
E. 
Laundry Area. Every laundry area shall contain at least one (1) grounded-type convenience outlet.
F. 
Non-Habitable Space. Every bathroom, laundry room, furnace room and public hall shall contain not less than one (1) ceiling or wall lighting fixture.
G. 
Good Working Order. Every outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.
H. 
Hazards Defined. In addition to the hazards established by the Enforcement Official, the following installations are prohibited and their presence shall be deemed a hazard:
1. 
Flush or semi-flush mounted floor convenience outlets, unless provided with an approved water-proof cover.
2. 
Extension cords for other than short-term, temporary use.
3. 
Conductor-supported pendant switches or conductor-supported light fixtures.
4. 
Loose or hanging wires.
5. 
Frayed or bare wires.
6. 
Inadequately grounded, grounded-type convenience outlets.
[R.O. 2009 §510.110; Ord. No. 182 §§270.0 — 271.4, 4-14-1975]
A. 
Scope. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements regarding water facilities.
B. 
Bathrooms. Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet, lavatory basin and bathtub or shower, all of which are in good working condition and are properly connected to hot and cold water lines and to an approved water and sewer system.
C. 
Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory basin required which is in good repair and in working condition, properly connected to hot and cold water lines and to an approved water and sewer system.
D. 
Water Heating Facilities. Every dwelling unit shall have supplied water heating facilities which are properly installed and are maintained in safe and good working condition, capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty degrees Fahrenheit (120°F). It shall be equipped with a BOCA approved pressure-temperature relief valve with manual release for testing.
E. 
Plumbing Fixtures. Every dwelling unit and structure covered by this Chapter shall have water lines, plumbing fixtures, vents and drains which are properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the Building code or Plumbing code of the City.
[R.O. 2009 §510.120; Ord. No. 182 §§280.0 — 283.0, 4-14-1975]
A. 
Applicability. Every dwelling unit shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments within its walls to a temperature of at least seventy degrees Fahrenheit (70°F) when the outside temperature is minus ten degrees Fahrenheit (-10°F) and a temperature of at least sixty degrees Fahrenheit (60°F) when the outside temperature is less than minus ten degrees Fahrenheit (-10°F).
B. 
Prohibited Equipment. Gas appliances designed primarily for cooking or water-heating purposes shall not be considered as heating facilities within the meaning of this Section. Portable heating equipment employing flame and the use of liquid fuels or coal does not meet the requirements of this Chapter and is prohibited.
C. 
Good Working Condition. The owner shall see that the heating facilities shall be properly installed, safely maintained and in good working condition.
[R.O. 2009 §510.130; Ord. No. 182 §§290.0 — 293.0, 4-14-1975]
A. 
Generally. Every habitable room shall have natural ventilation or a mechanical ventilation system adequate for the purpose for which the room is used.
B. 
Toilet Rooms, Bathrooms And Kitchens. Every toilet room, bathroom and kitchen shall have adequate ventilation which may be either an openable window with an openable area of five percent (5%) of the floor area, mechanical ventilation, or a gravity vent flue constructed with incombustible material leading to the roof of the building or a combination of any of these. The gravity vent shall be computed at an aggregate clear area of not less than five percent (5%) of the floor area of the room with a minimum area of at least one hundred twenty (120) square inches. Gravity vents shall be provided with a weather cap, directional vane or rotary-type ventilation on the roof.
C. 
Adequacy. A ventilating system maintained in a safe and good working condition which provides a complete change of air for the bathroom or water closet compartment every fifteen (15) minutes shall meet the requirements of this Chapter.
[R.O. 2009 §510.140; Ord. No. 182 §§300.0 — 303.0, 4-14-1975; Ord. No. 331 §2(300.0), 4-12-1986; Ord. No. 557 §1, 12-8-1998; Ord. No. 766 §1, 10-10-2005]
A. 
Definitions. For purposes of this Section, the following terms shall mean:
ACCESSORY BUILDING
A subordinate building customarily incidental to and located on the same lot occupied by a main building, subordinate in area, extent or purposes to the main building, limited to and contributing to the comfort, convenience or necessity of the occupants of the main building. For purposes of this Section, an accessory building differs from a temporary storage device, portable on demand storage unit and storage shed in that it is constructed pursuant to a building permit and is permanently affixed to realty.
PODS
An acronym and common name for portable on demand storage units.
PORTABLE ON DEMAND STORAGE UNIT
A container designed, constructed and commonly used for non-permanent placement on property for the purpose of temporary storage of personal property.
STORAGE SHED
A stick or prefabricated structure designed, intended and installed on property primarily for the long-term storage of yard, pool and garden equipment and similar personal property. Such structure must meet the specifications in Subsection (E).
[Ord. No. 948, 12-20-2017]
STORAGE TRAILERS
Includes trucks, trailers and other vehicles or parts of vehicles designed to be hitched or attached to trucks, tractors or other vehicles for movement from place to place used as a temporary storage device.
B. 
Obstruction Or Disrepair Not Permitted. Accessory structures shall not obstruct light and air of doors and windows of any dwelling unit, obstruct a safe means of access to any dwelling unit, create fire and safety hazards or provide rat or vermin harborage. Accessory structures shall be functional and shall be maintained in a state of good repair and alignment. All structures must have vermin-proof floors.
C. 
Removal Of Non-Functioning Structures. All exterior appurtenances of accessory structures which serve no useful purpose and are in a deteriorated condition which are not economically repairable shall be removed. Such structures shall include, but not be limited to, porches, terraces, entrance platforms, garages, driveways, carports, walls, fences, miscellaneous sheds and sidewalks.
D. 
Temporary Storage.
1. 
No person shall park or leave any storage trailer, PODS or similar device so as to be visible from any public right-of-way without obtaining a permit from the City Clerk. The permit shall specify the time period, not exceeding fourteen (14) days, when the unit may be kept on the property and the location on the property where the unit is to be situated.
2. 
There shall be no permit fee for a fourteen (14) day permit. No more than one (1) fourteen (14) day permit may be issued for any lot or parcel of property in any twelve (12) month period. However, storage trailers, PODS or similar devices may be kept for up to an additional fourteen (14) days upon the issuance of a special use permit by the Board of Aldermen; the fee for such special use permit shall be fifty dollars ($50.00).
3. 
Any storage trailer, PODS or similar device shall be placed and kept on the driveway or other paved surface and the point farthest from the street.
4. 
Failure to remove the storage trailers, PODS or similar devices within the time required or other violations of this Section shall be punishable as provided in Section 100.220 of this code.
5. 
This Section shall not apply to the use or placement of construction trailers and equipment on property in association with ongoing construction activities carried out pursuant to a valid building permit.
E. 
Storage Sheds.
[Ord. No. 948, 12-20-2017]
1. 
Such structures must meet the following specifications:
a. 
Minimum yard setback: five (5) feet from the rear property line, ten (10) feet from any existing building, side yard setback is subject to the Pasadena Hills Historic Preservation Commission ("PHHPC") approval.
b. 
Maximum shed size and ridge height is subject to PHHPC approval.
c. 
Shed size and proportion, siding style, window and door style, trim detail as appropriate to the historical style of the house and is subject to PHHPC approval.
d. 
Electrical and plumbing permits will be required per shed design requirements.
e. 
For Shed Structures, Stick Built or Prefabricated:
(1) 
Remove turf, sized to shed area.
(2) 
Install reinforced vapor barrier sized to shed area directly on ground.
(3) 
Eight-inch diameter 2,500-pound minimum concrete pier support, twenty-four (24) inches deep, top of pier four (4) inches above finished grade at corners and midspans, at five (5) feet, zero (0) inches maximum centers, one-half-inch anchor bolts.
(4) 
Three-quarters inch to one and one-quarter inches washed crushed stone base, minimum four (4) inches deep, sized to shed area.
(5) 
Alternate: remove turf under the shed area, four (4) inches thick 2,500# concrete slab sized to shed area, six-by-six reinforced steel mesh on six (6) inches of three-quarters inch to one and one-quarter inches washed crushed stone.
f. 
For Shed Structures, Stick Built Only:
(1) 
PT four-by-four base frame five (5) feet, zero (0) inches o.c. both ways, supported by the piers and stone base.
(2) 
PT floor joists sixteen (16) inches o.c. sized for five (5) feet, zero (0) inches maximum spans.
(3) 
Three-quarter-inch T&G CDX plywood floor deck.
(4) 
Plate height maximum seven (7) feet, zero (0) inches.
(5) 
Two-by-four construction-grade spruce stud walls, twenty-four-inch maximum spacing.
(6) 
One-half OSB exterior wall sheathing.
(7) 
Fifty-year wood or composite siding (primed and treated).
(8) 
No vinyl siding or trim allowed.
(9) 
Roof framing, maximum twenty four (24) inches o.c.
(10) 
Roof ridge height subject to approval by the PHHPC.
(11) 
Five-eighths-inch CDX roof plywood sheathing.
(12) 
Thirty-year architectural grade 3 tab composite shingles; alternate: metal roof.
(13) 
Continuous five-inch metal drip edge.
(14) 
Industry standard roof metal flashing installation required.
(15) 
No vinyl windows or doors allowed.
(16) 
Wood or composite trim, as appropriate to the historical character of the house.
(17) 
Wood window frames and sash only; vinyl clad or metal clad is acceptable.
(18) 
Window size and muntin's as appropriate to the historical character of the house.
(19) 
Wood door and frames only; vinyl clad or metal clad is acceptable.
(20) 
Door and frame style as appropriate to the historical character of the house.
g. 
For Shed Structures, Prefabricated Only:
(1) 
PT four-by-four base frame five (5) feet, zero (0) inches o.c. both ways, supported by the piers and stone base to receive prefabricated structure.
(2) 
Require wood or composite trim, as appropriate to the historical character of the house.
(3) 
Wood window frames and sash only; vinyl clad or metal clad is acceptable.
(4) 
Window size and muntin's as appropriate to the historical character of the house.
(5) 
Wood door and frames only; vinyl clad or metal clad is acceptable.
(6) 
Door and frame style as appropriate to the historical character of the house.
(7) 
Thirty-year architectural grade 3 tab composite shingles; alternate: metal roof.
(8) 
Continuous five-inch metal drip edge.
(9) 
Industry standard roof flashing installation required.
2. 
An application for a permit to install a storage shed must be completed pursuant to Article III, Section 500.100(B) of the Municipal Codebook, and a permit fee for such installation shall be twenty-five dollars ($25.00).
3. 
All shed permits to be reviewed and approved by the Pasadena Hills Building Commissioner and the Pasadena Hills Historic Preservation Commission.
4. 
Applicants must submit two (2) copies of the plot plan showing the lot lines with dimensions, locations of existing structures, locations of the storage shed and the exact dimensions from the storage shed to the property lines and any existing buildings on the lot.
[R.O. 2009 §510.145; Ord. No. 557 §2, 12-8-1998]
Open storage, as herein defined, is prohibited.
[R.O. 2009 §150.150; Ord. No. 182 §§320.0 — 323.0, 4-14-1975]
A. 
General Egress. Every dwelling unit shall have a safe and unobstructed means of egress leading to safe and open space outside at the ground level. Passage through such exit shall not lead through any other dwelling unit.
B. 
Structures With Three Or More Stories. All habitable structures of three (3) or more stories with dwelling units occupying the third (3rd) higher story shall be provided with two (2) separate usable unobstructed means of egress for each dwelling unit located above the second (2nd) story.
C. 
Easy Egress Mandatory. Every door available as an exit shall be capable of being opened from the inside easily and without the use of a key.
[R.O. 2009 §510.160; Ord. No. 317 §2, 11-12-1984; Ord. No. 332 §1, 11-13-1986; Ord. No. 437 §1, 6-1-1993; Ord. No. 541 §1, 5-12-1998; Ord. No. 599 §1, 6-13-2000; Ord. No. 885 §4, 6-14-2010]
A. 
Construction And Maintenance.
1. 
Line fence posts shall be set at a depth of not less than two (2) feet six (6) inches. Terminal fence posts and gate posts shall be set at a depth of not less than three (3) feet and shall be set in concrete at the level of the ground. All posts and vertical fence boards shall be constructed and maintained at the plumb line. Sufficient line posts shall be used in the construction of fences to keep the fence from bowing or sagging, but in no case shall the posts be set more than eight (8) feet apart.
2. 
Fences constructed of brick or stone shall be set on concrete footings not less than three (3) feet in depth.
3. 
All fences shall be kept in safe condition and sound repair. All fences shall be free of chipping, cracking or peeling paint. All fences shall be maintained free of rotting, rusting, loose or deteriorating supports, members, materials and hardware.
4. 
All fences shall be constructed with the good side of the fence facing outward, away from the enclosed property.
B. 
Location Of Fences. No fence shall be erected which extends beyond the front building line of the dwelling or multi-family dwelling. Additionally, no fence shall be erected which extends beyond the side building line(s) of a dwelling or multi-family dwelling which is located on a corner lot.
C. 
Types Of Fences. The following types of fences are permitted to be constructed within the City:
1. 
Open mesh type. Chain link galvanized steel fences, six (6) feet or less in height;
2. 
Wood type. Cedar, redwood, cypress or pressure-treated wood fences not more than six (6) feet in height;
3. 
Ornamental type. Ornamental metal fences not more than four (4) feet in height;
4. 
Stone and brick type. Fences constructed of stone or brick not more than four (4) feet in height; and
5. 
Safety and security type. Specifications for swimming pool enclosures are set forth in Section 515.140. Further, if an open mesh type fence is used for a swimming pool enclosure, it shall be not less than six (6) feet in height, constructed of nine (9) gauge galvanized steel with not less than a two (2) inch mesh.
6. 
Fences constructed of polyvinylchloride (PVC) and having the appearance of fences comprised of materials permitted under the foregoing Subsection of this Section shall also be permitted subject to the same height and open surface requirements and limitations as provided in paragraphs (1 — 5) above.
D. 
Permit Required.
1. 
No owner, shall construct or repair, or cause to be constructed or repaired, a fence within the City of Pasadena Hills without applying for and thereafter obtaining a building permit.
2. 
The owner, or persons acting in his/her behalf, shall make application for a building permit on forms designated by the City. The building permit application shall set forth:
a. 
The name and address of the applicant,
b. 
The address for the proposed fence,
c. 
The name and address of the person designated to construct or repair the fence,
d. 
The cost of construction, and
e. 
The material to be used and the method of construction or repair.
A plot plan showing the location of the proposed fence and fence drawing, showing a fence section detail, types of materials to be used and method of construction shall accompany the application. The building permit application and supporting documents shall be submitted to the City Building Commissioner for his/her review, along with a fee as specified in Section 500.140 of this code.
E. 
Expiration Or Revocation Of Permit.
1. 
In the event permit is issued, construction must be completed within thirty (30) days from date of issuance, unless the Building Commissioner extends the time for completion in writing.
2. 
If at any time after the permit is issued there should be any deviation from the original plans and specifications as submitted, the Building Commissioner shall order the stoppage of work until approval of any changes is given in writing. Revised plans shall be submitted in ample time to allow certification of approval before commencement of work on that part being revised. In the event that approval of changes is withheld, construction shall promptly proceed in accordance with the original plans and permit.
F. 
Appeals And Variances.
1. 
In the event that a permit for a proposed fence is denied by the Building Commissioner, the applicant shall have the right to appeal the denial to the Board of Adjustment in accordance with the procedures for appeal of administrative decisions.
2. 
An applicant may make an original application to the Board of Adjustment for a variance from the requirements of this Section. In the sole discretion of the Board, in light of unique circumstances, a variance may be granted. However, in no event shall a variance be granted to allow the construction of a fence with barbed wire or to vary the fencing requirements for swimming pools. A variance shall not be granted if based merely upon the financial considerations of the applicant.
G. 
Abatement Of Lawful Non-Conforming Fences.
1. 
Fences erected prior to November 12, 1984, are hereby exempt from this Section until replacement is required, at which time this Section must be complied with. "Replacement" is defined as replacing more than sixty percent (60%) of the existing fence and/or expending more than five hundred dollars ($500.00) in repairing the existing fence.
2. 
To qualify for this exemption, property owners must notify the City Clerk within six (6) months of November 12, 1984:
a. 
That fence was erected prior to November 12, 1984,
b. 
The date of construction, and
c. 
The type and location of the existing fence.
[R.O. 2009 §510.170; Ord. No. 324 §3, 8-13-1985; Ord. No. 544 §1, 6-9-1998; Ord. No. 607 §2, 11-14-2000; Ord. No. 885 §7, 6-14-2010]
A. 
Compliance With Requirements. It shall be unlawful for any owner to erect or cause to be erected a satellite dish within the City of Pasadena Hills except as herein provided.
B. 
Installation, Maintenance And Use Requirements.
1. 
No satellite dish will be erected which exceeds seventy-two (72) inches in height or seventy-two (72) inches in width.
2. 
Not more than one (1) satellite dish may be erected on a lot.
3. 
Satellite dishes may only be erected in the rear yard of a lot and within the side building lines of a dwelling or multi-family dwelling and not less than fifteen (15) feet from the side and rear lot lines.
4. 
Satellite dishes shall be shielded from visibility from the street or adjoining lots by the use of shrubs, plantings, vegetation or fencing. In the event that fencing is used, the erection of said fencing shall comply with Section 510.160.
5. 
Satellite dishes shall be painted in a fashion so as to blend into the background against which it is mounted.
6. 
Satellite dishes mounted on roofs shall be mounted on the rear side of the roof behind the roof peak.
C. 
Permit Required.
1. 
No owner shall erect or cause to be erected a satellite dish within the City of Pasadena Hills without applying for and thereafter obtaining a building permit.
2. 
The owner or person acting in his/her behalf shall make application for a building permit on forms designated by the City. The building permit shall set forth:
a. 
The name and address of the applicant,
b. 
The address of the lot upon which the satellite dish is intended to be erected,
c. 
The name and address of the person designated to erect the satellite dish,
d. 
The cost of construction,
e. 
The materials to be used, a photograph of the intended satellite dish and the method for erection,
f. 
A plot plan for the lot showing the boundary lines of the property, the location and dimension of existing structures, existing setbacks from property lines, together with the dimensions and locations of the proposed satellite dish,
g. 
An elevation plan showing the height of the proposed satellite dish,
h. 
A construction detail showing the methods for anchoring the satellite dish and the types of materials to be used in construction, and
i. 
A landscape plan showing the types of materials and their proposed location for shielding the visibility of the satellite dish as required by this Chapter.
3. 
The building permit application and supporting documents shall be submitted to the City Building Commissioner for his/her review, along with a fee as specified in Section 500.140 of this code.
D. 
Expiration Or Revocation Of Permit.
1. 
In the event a permit is issued, construction must be completed within thirty (30) days from the date of issuance, unless the Building Commissioner extends the time for completion in writing.
2. 
If at any time after the permit is issued there should be any deviation from the original plans and specifications, the Building Commissioner shall order the stoppage of the work until the approval of any changes is given in writing. Revised plans shall be submitted in ample time to allow a certificate of approval before commencement of work on that part being revised. In the event that approval or changes is withheld, construction shall promptly proceed in accordance with the original plans and permit or, in the alternative, construction shall be abandoned and the partially erected satellite dish removed, restoring the premises to the condition that it was in prior to the beginning of construction.
E. 
Appeals And Variances.
1. 
In the event that a permit for a proposed satellite dish is denied by the Building Commissioner, the applicant shall have the right to appeal the denial to the Board of Adjustment in accordance with the procedures for appeal of administrative decisions.
2. 
An applicant may make an original application to the Board of Adjustment for a variance from the requirements of this Section. In the sole discretion of the Board, in light of unique circumstances, a variance may be granted. However, a variance shall not be granted if based merely upon the financial considerations of the applicant.
[R.O. 2009 §510.180; Ord. No. 182 §§401.0 — 403.0, 4-14-1975; Ord. No. 186 §§201.0 — 202.0, 9-10-1975; Ord. No. 216 §3, 12-12-1977; Ord. No. 489 §1, 8-28-1996]
A. 
Enforcement Official. It shall be the duty and responsibility of the Enforcement Official and his/her delegated representative of the City to enforce the provisions of this Chapter. No order for correction of any violation under this Chapter shall be issued without the approval of the Enforcement Official.
B. 
Inspections.
1. 
The Enforcement Official is authorized and directed to make inspections to determine whether dwellings, dwelling units, accessory structures and premises located within this City conform to the requirements of this Chapter. For the purpose of making such inspections, the Enforcement Official is authorized to enter, examine and survey at reasonable times all dwellings, dwelling units, accessory structures and premises. The Enforcement Official is further authorized and directed to make inspections on application of seller, purchaser, lessor or lessee of all dwellings which are proposed for sale or lease to any person, partnership or corporation.
2. 
If any owner, occupant or other person in charge of a structure subject to the provisions of this Chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure or premises where inspection authorized by this Chapter is sought, the Enforcement Official may seek, in a court of competent jurisdiction, when the Enforcement Official has probable cause, a search warrant to inspect and examine said premises for violation of this Chapter.
3. 
Inspections shall be initiated under the following circumstances:
a. 
Upon application for any occupancy permit for the dwelling unit or other notification that there will be a change of occupancy of said dwelling unit.
b. 
When, on the basis of a complaint or his/her personal observation, the Enforcement Official reasonably suspects that a dwelling unit has code violations and as such constitutes a health and/or safety hazard.
4. 
The Enforcement Official or his/her deputy shall make an inspection within fourteen (14) days after receipt of application for an inspection or receipt of complaint alleging a violation of one (1) or more provisions of this Chapter.
C. 
Access By Owner Or Manager. Every occupant of a structure or premises shall give the owner or manager thereof, or his/her agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Chapter.
[R.O. 2009 §510.185; Ord. No. 489 §2, 8-28-1996; Ord. No. 533 §1, 12-9-1997; Ord. No. 815 §§1 — 2, 11-13-2006; Ord. No. 880 §1, 2-8-2010; Ord. No. 885 §8, 6-14-2010; Ord. No. 886 §1, 6-14-2010]
A. 
Scope — Requirement. Except as otherwise provided, it shall be unlawful for any person to occupy any property, or for any owner or agent to permit the occupancy thereof, for any purpose until it has been determined that the property complies in all respects with the requirements of this Code and all required certificates of compliance and occupancy permits have been issued by the Building Commissioner. No certificate of compliance or occupancy permit shall be issued until all violations of this Code shall have been corrected and brought into compliance with this Code.
B. 
Property — Defined. For the purposes of this Section, the term "property" shall be defined as any premises, structure, building or dwelling subject to the provisions of this Chapter.
C. 
Certificates And Permits — Contents. Any certificate of compliance, occupancy inspection report or occupancy permit issued by the Building Commissioner pertaining to any dwelling shall state the maximum number of persons who may lawfully occupy the property as configured at the time of inspection.
D. 
Pre-Transfer Activity — Application For Certificate Required; Certificate And Inspection Report Provided To Prospective Buyers.
1. 
All owners or lessors of any property subject to the provisions of this Chapter shall apply for inspection and a certificate of compliance from the Building Commissioner within three (3) calendar days after advertising or marketing the property, in any way, for the purpose of selling, leasing, renting or otherwise transferring its ownership or possession.[1]
[1]
Editor’s Note: The provisions of this Subsection were ruled unconstitutional in Court Case No. 13SL-CC01290 St. Louis Association of Realtors v. City of Pasadena Hills. The date of disposition of this ruling was 4-1-2014.
2. 
All real estate agents and brokers involved in the advertising or marketing any property subject to the provisions of this Chapter shall apply for inspection and a certificate of compliance from the Building Commissioner within three (3) calendar days after entering into an agreement with the owner of the property or otherwise advertising or marketing the property, in any way, for the purpose of selling, leasing, renting or otherwise transferring its ownership or possession.
3. 
The obligations of the owner, lessor and real estate agent and broker to make application for inspection and a certificate of compliance shall be joint and several.
4. 
After receiving such application, the Building Commissioner shall cause the property to be inspected to determine its compliance with the provisions of this Code. If the Building Commissioner determines the property is in compliance, a certificate of compliance shall issue.
5. 
If the Building Commissioner determines the property is in violation of any Code provisions, the Building Commissioner shall issue an occupancy inspection report which shall list all conditions which fail to satisfy the requirements of this Code.
6. 
All owners, lessors, real estate agents and brokers shall provide a copy of the Building Commissioner's certificate of compliance or the Building Commissioner's inspection report pertaining to the property which is subject to transfer, to all prospective buyers. The obligations of the owner, lessor and real estate agent and broker under this Subsection shall be joint and several.
7. 
In the event that any owner, lessor, real estate agent or broker violates any provision of this Subsection, such violation shall be punishable in accordance with this Code and subject to a minimum fine, upon conviction, of two hundred fifty dollars ($250.00) and a maximum fine of one thousand dollars ($1,000.00) or ninety (90) days in jail, or both such fine and imprisonment.
E. 
Transfer Of Ownership — Certificate Of Compliance Required.
1. 
It shall be unlawful for the owner or lessor of any property within the City to sell, lease, rent or otherwise transfer ownership or possession of the property unless a certificate of compliance has been issued by the Building Commissioner for such property.
Exception: If the property is subject to violations and a certificate of compliance and occupancy permit cannot be issued such sale, lease or transfer may occur only if the buyer or lessee has been provided with a copy of the Building Commissioner's inspection report at least twenty (20) days prior to closing or the date of the lease and such buyer or lessee has obtained a conditional occupancy permit from the City by entering into an agreement to correct the violations within a specific period of time and submitting a cash deposit to guarantee such repairs in accordance with Subsection (H) of this Section.
2. 
It shall be unlawful for any real estate agent or broker to participate in or facilitate the sale, lease, rental or transfer of ownership or possession of property within the City unless a certificate of compliance has been issued by the Building Commissioner for such property.
3. 
The liability of the owner, lessor, real estate agent and broker for violations of this Subsection are joint and several.
4. 
A certification of compliance shall be valid for one hundred eighty (180) days from the date of issuance unless revoked by the Building Commissioner for good cause. In the event that an occupancy permit is not issued within said one hundred eighty (180) days, said certificate shall be null and void and a new application for inspection and certificate must be made and an inspection occur before any certificate of occupancy permit may be issued.
5. 
This Section shall not apply to transfers of a structure or building where there is a pending demolition permit and the transferee has executed an agreement with the City guaranteeing timely and proper demolition of the structure and has submitted a cash deposit guaranteeing timely and proper demolition of the structure.
F. 
Occupancy Permit Required.
1. 
It shall be unlawful for any person, owner or agent thereof to occupy or use or to permit the occupancy or use of any premises for any purpose, including the movement of furniture, equipment or other personal property into said premises, until a certificate of occupancy (occupancy permit) has been issued by the Building Commissioner relative to such property. The permit so issued shall state that the occupancy complies with all of the provisions of this Code as far as can be determined by an inspection of the premises and a review of the records.
2. 
On proper application for an occupancy permit made by an owner, lessor, transferee or agent thereof, the Building Commissioner shall inspect the property and shall determine if it is in compliance with this Code. If the property is found to be in compliance with this Code, the Building Commissioner shall issue the occupancy permit. In the case of residential rental property, it is the obligation of the owner/landlord to secure an occupancy permit for the property lessee(s)/tenant(s). The permit shall be held in both the names of the owner/landlord and the lessee(s)/tenant(s).
3. 
If the Building Commissioner determines that the property is in violation of the requirements of this Code, no occupancy permit shall be issued. However, the Building Commissioner shall issue an occupancy inspection report which shall list all conditions which fail to satisfy the requirements of this Code. No person shall occupy or allow occupancy of the property until all conditions listed on the Building Commissioner's report shall be corrected.
4. 
No occupancy permit may be issued for any property if there are unpaid City taxes or liens in favor of the City outstanding as to such property until such time as such unpaid taxes and/or liens are satisfied.
5. 
Occupancy permits shall be issued for the following terms:
a. 
Owner-occupied residential property. The term of the occupancy permit for owner-occupied residential property shall be indefinite and shall expire upon a change in the ownership or possession of the property. In determining whether a "change in possession" has occurred, the Code Official shall consider whether there has been a change in the head of household. A "change in possession" may include the transfer of possession between family members except in the case of a transfer caused by divorce or marriage.
b. 
Residential rental property. The term of the occupancy permit for a residential rental unit shall be one (1) year from its date of issuance.
6. 
Renewal of permit for residential rental property.
a. 
Each owner/landlord shall apply for renewal of each occupancy permit issued for residential rental property at least thirty (30) days prior to the expiration date of such permit.
b. 
The procedures and fees for renewal of such permit shall be the same as the procedures and fees for issuance of an original occupancy permit and inspections related thereto.
c. 
If violations are found by the City's inspection, no renewal shall issue and the property shall be vacated upon expiration of the previous occupancy permit unless such violations are corrected by the expiration date.
7. 
No person not listed on the occupancy permit for a property shall occupy or be permitted to occupy the same. No use or activity not listed on the occupancy permit for a structure or building not used for dwelling purposes shall be permitted therein.
8. 
Whenever the owner or occupant of any property shall permit or suffer any additional person to occupy the same, the Building Commissioner shall be notified and the occupancy permit shall be amended accordingly, provided that all other requirements of this Chapter are satisfied. Whenever the owner or occupant of any property not used for dwelling purposes shall permit an additional or separate use or activity to be undertaken therein, the Building Commissioner shall be notified and the occupancy permit shall be amended accordingly, provided that all other requirements of this Chapter are satisfied.
9. 
Any decision or order of the Building Commissioner in issuing or refusing to issue the Certificate of Occupancy (occupancy permit) or the occupancy inspection report as described in this Subsection (F) may be appealed to the Board of Adjustment in accordance with the procedures for appeal of administrative decisions.
G. 
Application For Permit. Any person hereafter occupying or proposing to occupy any property shall apply for an occupancy permit on an application form provided by the Building Commissioner. Such application shall contain the name of the applicant, the names, dates of birth and relationship of all persons to occupy the property and such other information as shall be required by the Building Commissioner. The application shall be signed and affirmed or sworn to by the applicant.
H. 
Conditional Permit.
1. 
A conditional occupancy permit may be issued by the Building Commissioner if, in the Commissioner's sole discretion:
a. 
Any deficiency or non-compliance with this Code would not seriously endanger the health or safety of the occupants or the community;
b. 
The occupant has made to the City a sufficient cash deposit to ensure completion of the work and connections and repairs of all conditions in violation of City ordinance;
c. 
The occupant has entered into an agreement setting forth deadlines for the work to be done, the expiration date of the temporary occupancy permit, and the conditions upon which the City may utilize the cash deposit to perform the work to connect and repair defects; and
d. 
The occupant has already submitted all applications and plans to the City and has obtained building permits, approvals of the Historic Preservation Commission, and all other required governmental approvals from the City for the work.
2. 
No conditional occupancy permit shall be issued for a period exceeding one hundred twenty (120) days. However, a conditional occupancy permit may be extended only once for a period not to exceed sixty (60) days if the Building Commissioner finds that:
a. 
Any deficiency or non-compliance with this Chapter would not seriously endanger the health or safety of the occupants or the community; and
b. 
The occupant has made substantial progress toward bringing the property into compliance with the Municipal Code; and
c. 
All required corrections can be made within the time granted for the extension.
3. 
All required work to correct and repair the violations shall be completed prior to the expiration of the conditional occupancy permit. Immediately following the completion of the work, the occupant shall contact the City for an inspection of the work and the property.
4. 
Upon the expiration or revocation of the conditional occupancy permit, the property shall be vacated. No person shall be allowed to reside or occupy the property; however, work to correct and repair deficiencies and violations may be completed at the property only during the hours of 8:00 A.M. and 7:00 P.M.
5. 
The amount of the cash deposit shall be, at a minimum, twenty-five percent (25%) of the estimated cost of all work required or one thousand five hundred dollars ($1,500.00) whichever is more; amounts above this minimum may be required if a higher amount is necessary to ensure the occupant's compliance with the Municipal Code and/or be sufficient to ensure that at least a portion of the violations can be corrected or repaired by the City. The agreement between the City and the occupant shall be in the form approved by the City and must also be signed by the owner of the property (if different from the occupant). The City may require submission of contracts and other documents pertaining to the work.
6. 
The cash deposit shall be deposited by the City in a manner such that the deposit will be separately accounted for apart from other City funds. The City shall document the use, replacement, or release of such funds, as deposited by each occupant, according to generally accepted accounting principles. Occupant shall not receive any interest on the funds deposited.
7. 
Release of cash deposit — when.
a. 
The cash deposit shall only be released or utilized by the City in accordance with the terms with the agreement and this Section.
b. 
Upon final inspection by the City and satisfactory completion of all required work by the occupant, the deposit shall be released to the occupant. Provided, however, if the Building Commissioner determines that the work has been timely and is substantially complete, the Building Commissioner may release up to ninety percent (90%) of the cash deposit to the occupant to pay contractors and third parties for the remainder of the work. The remaining ten percent (10%) shall be held until all work is completed.
c. 
In the event that the work is not timely completed or in the event that the work is defective or non-compliant with City ordinance, the City may use an occupant's deposited funds for expenses incurred to perform abatement, complete the work or otherwise ensure compliance with all applicable codes and requirements. If the City so utilizes such funds, the occupant shall be obligated to deposit a sum equal to the amount so used so as to maintain full funding of the required deposit.
8. 
Appeal.
a. 
Any occupant aggrieved by a decision of the Building Commissioner in the administration of this Section may file a written appeal to the Mayor within ten (10) days of the decision appealed from. The Mayor shall make a written determination of the appeal within ten (10) business days of the occupant's appeal, unless circumstances prevent a timely determination, in which case the determination shall be made as soon as reasonably possible.
b. 
In the event the occupant believes that the Mayor improperly denied such an appeal, the occupant may file a written appeal to the Board of Aldermen within five (5) days of the date of the Mayor's decision.
9. 
If the occupant fails to comply with an obligation of this Section, the City shall withhold or withdraw any other permits or approvals pertaining to the occupant or the property until such non-compliance is cured.
10. 
The City may pursue any other available remedy in order to enforce its Ordinance. Nothing herein shall be construed to limit the authority of the City to pursue equitable or legal remedies, abatement or other remedy available to the City.
I. 
Correction Required.
1. 
If there are violations of this Chapter which must be abated or corrected before a certificate of compliance or an occupancy permit can be issued, it shall be the responsibility of the seller, lessor or agent thereof to abate such violations. No certificate of compliance or occupancy permit shall be issued until all violations of this Chapter shall have been corrected and the fee for such permit shall have been paid.
2. 
With the approval of the Building Commissioner, a transferee of a property may assume responsibility for abating violations of this Chapter by executing an affidavit stating such transferee assumes responsibility for abating such violations and establishing the date by which such abatement shall be accomplished, which date shall be subject to approval by the Building Commissioner.
J. 
Misrepresentations Prohibited — Notice Of Occupancy Limits.
1. 
It shall be unlawful for any person, firm or corporation to advertise, offer or represent in any form or manner that a certificate of compliance has been issued for any premises for which such a certificate has not been issued by the Building Commissioner.
2. 
It shall be unlawful for any person, firm or corporation to advertise, offer or represent in any form or manner that a property may be occupied by a number of persons in excess of that permitted by the most recent certificate of compliance or occupancy inspection report issued for that property.
3. 
It shall be unlawful for any person to knowingly make any false statement in an application for an occupancy permit or any amendment thereto.
4. 
Any residential structure offered or available for sale, lease or transfer shall display a statement provided by the Building Department indicating the date of the most recent inspection of the structure, the results of that inspection, and information as to the maximum number of persons that the structure will lawfully accommodate as determined by the most recent inspection. The required statement is to be affixed to the structure in proximity to the main entrance and in a manner reasonably calculated to come to the attention of persons entering same. It shall be unlawful to offer any residential structure for sale, lease or transfer unless the statement required by this Subsection shall be displayed as set forth herein.
K. 
Fees. Fees for occupancy permits, certificates of inspection or other inspection and permitting services associated with this Section shall be as follows:
1. 
A fee of sixty dollars ($60.00) shall be paid for an initial inspection and one (1) reinspection in association with issuance of a certificate of compliance or occupancy inspection report.
2. 
A fee of sixty dollars ($60.00) shall be paid for each additional inspection associated with issuance of a certificate of compliance conducted within one hundred eighty (180) days after an original occupancy inspection report.
3. 
A fee of twenty dollars ($20.00) shall be paid for issuance of each occupancy permit or conditional occupancy permit.
L. 
Suspension And Revocation.
1. 
Any permit issued shall become invalid if the occupancy is not commenced within six (6) months after issuance of the permit or if the occupancy is terminated.
2. 
An occupancy permit may be revoked upon proper notice and an opportunity for the owner to be heard, in the case of any false statement or misrepresentation of facts in the application on which a permit was based, or in the case of housing and/or Building code violations which constitute a danger to the occupants of the property.
[R.O. 2009 §510.190; Ord. No. 182 §420.0, 4-14-1975; Ord. No. 574 §1, 7-13-1999]
A. 
Contents. Whenever the Enforcement Official or his/her delegated representative finds evidence of a violation of any provision of this Chapter, he/she shall declare a public nuisance and give notice of same to the person or persons responsible hereunder. Such notice shall be in writing and shall include a statement of each of the provisions of this Chapter being violated, together with a statement of the corrective action required to cure such violation. Such notice shall specify the period of time within which such remedial action shall be taken. Appeal procedures shall be specified.
B. 
Service/Delivery. Such notice shall be served by delivering a copy to the owner, or his/her agent, or the occupant, as the case may require, or, if such person cannot be found, by sending a copy of the notice by registered or certified mail with return receipt requested, or if same cannot be delivered, by posting a copy of such notice in a conspicuous place in or about the building affected by the notice. The notice shall be deemed served on the date served or received or ten (10) days after posting as herein provided.
[R.O. 2009 §510.200; Ord. No. 182 §430.1, 4-14-1975; Ord. No. 574 §2, 7-13-1999]
A. 
Remedy Of Defects. The owner of any building shall have a reasonable time, which shall be determined by the Enforcement Official or his/her delegated representative, and which shall not exceed thirty (30) days from the issuance of the notice provided for in Section 510.190 (Non-Compliance with Chapter — Notice to be Given) in which to remedy the condition therein specified, except when emergency conditions shall require immediate action, provided however, that the Enforcement Official may, as his/her discretion, extend the time for compliance with any such notice.
B. 
Reinspecting. At the time when the defects have allegedly been brought into compliance, the Enforcement Official shall reinspect the dwelling, dwelling unit, accessory structure and its premises. At this time, he/she shall make a complete inspection, taking particular notice that the violations previously noted have been brought into compliance, and that no new violations have come into existence in the time which has elapsed since the first (1st) inspection.
[Ord. No. 574 §4, 7-13-1999]
The owner may appeal any decision of the Enforcement Official by requesting a hearing before the Board of Adjustment, sitting as a Board of Appeals, by submitting a written petition to the City Clerk requesting such hearing and containing a statement of the grounds therefore within five (5) days after notice by the Enforcement Official. At that hearing, any party may be represented by counsel, and all parties shall have an opportunity to be heard. After the hearing, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City of Pasadena Hills, the Board of Adjustment shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building, structure or property to be a nuisance and detrimental to the health, safety or welfare of the residents of the City of Pasadena Hills and ordering the building, structure or property to be demolished and removed, repaired or otherwise brought into compliance. If the evidence does not support a finding that the building, structure or property is a nuisance or detrimental to the health, safety or welfare of the residents of the City of Pasadena Hills, no order shall be issued. Notice of any post-hearing orders shall be given in the same manner as notice of the declaration of a nuisance.
[Ord. No. 574 §5, 7-13-1999]
A. 
Prosecution. In case any violation of this Chapter is not remedied within the prescribed time period designated by the Enforcement Official, he/she shall request the legal representative of the City of Pasadena Hills to institute an appropriate action or proceeding at law or in equity against the person(s) responsible for the failure to comply to seek such remedy as may be appropriate including, but not limited to, any one (1) or more of the following:
1. 
To restrain, correct or remove the violation or refrain from any further execution of work;
2. 
To restrain or correct the erection, installation or alteration of such building;
3. 
To require the removal of work in violation;
4. 
To prevent the occupation or use of the building, structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this Chapter or in violation of a plan or specification under which an approval permit or certificate was issued; and/or
5. 
To enforce the penalty provisions of this Chapter.
B. 
Penalty For Violations. Any person who shall violate any provision of this Chapter shall, upon conviction thereof, be subject to a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than thirty (30) days at the discretion of the court, or by both such fine and imprisonment. Every day the violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[R.O. 2009 §510.210; Ord. No. 182 §§460.0 — 462.0, 4-14-1975; Ord. No. 574 §3, 7-13-1999]
A. 
Applicability. Every window, glazed exterior door, exterior transom or exterior side light shall be provided with properly installed glass or other approved glazing material. In the event of breakage, the owner shall cause the immediate removal of broken glass from the premises and shall temporarily board up the affected openings with suitable material to provide protection from the elements and to prevent entry of birds or animals and to provide security to occupants or contents of the building. Within ten (10) days after the boarding-up, the owner shall cause the boarding material to be removed, and all affected openings shall be simultaneously reglazed by the owner.
B. 
Provision Of Adequate Lighting And Ventilation. Adequate ventilation and natural lighting shall be provided for all occupied dwelling units. Whenever any exterior openings are found boarded-up, it shall be the duty of the Enforcement Official to notify the owner or agent of this requirement giving him/her a period of not more than ten (10) working days in which to replace the broken glass. This notice shall be given in the manner required by Section 510.190 (Non-Compliance with Chapter — Notice to be Given).